On April 3, 2011 the State Architect's Office (SAO) posted the new March 2011 version of the construction contracts and related forms.  You can see all the changes that were made to the forms in the Version Control Document, M140-01-00 00 02-VC, posted on the SAO's website at http://das.ohio.gov/LinkClick.aspx?fileticket=vuRgL9V9t4c%3d&tabid=363.

The main substantive changes relate to some new Business Processes in OAKS CI, the use of field supervision labor for Change Orders, and the new ethics language, which is discussed below.  Tailored versions of the construction contracts are now available on our website for use by two year and four year institutions.  All other construction documents should be downloaded from the State Architect's Office website.

New Ethics Language

Since Executive Order 2007-01S is now expired, the related language in the Contract Form has been modified to include the following language regarding ethics compliance:

       6.3 The Contractor, by signature on this Contract Form, certifies that it is currently in compliance with, and will continue to adhere to, the requirements of Ohio ethics laws and conflict of interest laws and will take no action inconsistent with those laws.

The language in the new provision above replaces the standard contract language formerly found in the following two provisions:

        6.3 In accordance with Executive Order 2007-01S, the Contractor, by signature on this document, certifies that it: (1) has reviewed and understands Executive Order 2007-01S, (2) has reviewed and understands the Ohio ethics and conflict of interest laws, and (3) will take no action inconsistent with those laws and this order. The Contractor understands that failure to comply with Executive Order 2007-01S is, in itself, grounds for termination of this contract and may result in the loss of other contracts with the State of Ohio.

        6.4 The Contractor certifies that it is currently in compliance and will continue to adhere to the requirements of Ohio ethics laws.

New Signature Blocks

As you will note, the Attorney General's signature block on the updated Contract Form now reads simply "Ohio Attorney General."  In the event that you are using a form that includes the Attorney General's name, please confirm that it reads "Mike DeWine, Ohio Attorney General."

Offshore Services

Please note that the Executive Order regarding Offshore Services, Executive Order 2010-09S, has not expired.  Your contracts should still include the related language, and your contractors must continue to comply with all the requirements related to Executive Order 2010-09S.  If you have questions regarding Executive Order 2010-09S, you should contact the Department of Administrative Services.

As always, feel free to check out our website at www.OhioAttorneyGeneral.gov/businesscounsel for downloadable construction contracts and checklists tailored for higher education and other information about our section.

Have more questions?

Contact the Business Counsel Section at (614) 644-6342.